1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff’s establishment of the claim against B and the Plaintiff’s insolvency (1) against B has the claim against B in an amount equivalent to KRW 41.55 billion based on joint and several sureties, and the total amount of damage claim of KRW 5.8 billion based on tort, KRW 47.35 billion and damages for delay.

(2) B does not have sufficient means to discharge the Plaintiff’s obligations.

B. On March 22, 2006, the check was issued 16 copies of the cashier’s check amounting to KRW 330 million from the one’s account of Korea Exchange Bank (C).

On March 23, 2006, the Defendant deposited 10 million won cashier's checks ( check number D) into the Defendant's new bank account (E).

(2) On September 8, 2009, B was issued three cashier’s checks ( check number G or H) from its new bank account (F) to KRW 100 million.

On November 20, 2009, the defendant deposited 100 million won cashier's check ( check number H) into the account of the defendant Hong Kong ( HSBC bank) bank (I).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including paper numbers), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The summary of the claim for lease (1) is that the defendant delivered each of the above checks to the defendant and lent a total of KRW 110 million. Thus, the defendant is obliged to pay the above loans to the plaintiff who seeks reimbursement in subrogation of B.

(2) However, in light of the above facts and the purport of the evidence Nos. 4-2, 5-3, 6-2, 5-3, and 6, even when considering the whole purport of the pleadings, the defendant received a 10 million won ticket from the her husband, and deposited it into his account, and used part of it for living expenses, such as card payments and public charges, etc., and it is recognized that the defendant received the 100 million won ticket and deposited it into her account and deposited it into her account and then transferred it to her account, and there is no other evidence to acknowledge that B lent it to the defendant.

B. The assertion (1) is made on a daily basis.